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HomeMy WebLinkAboutCCM-06-01-92CARMEL CITY COUNCIL MEETING MINUTES JUNE 1, 1992 7:00 P.M. COUNCIL CHAMBERS/ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Jim Quinn, Frank Fleming, Tom Kendall, Alan Potasnik, Luci Snyder, Chris Painchaud, and Tim Story. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilman Quinn, followed by the Pledge of Allegiance. Mayor Johnson recognized the RECOGNITION OF OUTSTANDING CITIZENS: accomplishments of the following citizens: 1)The coaches and team members of the Carmel High School Hoosier Academic Super Bowl for winning the state championship. 2)Steven Keller, who was selected to attend the 25-day National Science Camp near Barton, West Virginia and for whom June 1, 1992 was named, by the Mayor, as Steven Keller Day in the City of Carmel. 3)Rebecca Springer was selected as a member of the Indianapolis 500 Court and for whom June 1, 1992 was named, by the Mayor, as Rebecca Springer Day in the City of Carmel. 4)Nick Mercurio was presented with a key to the City of Carmel for his efforts to help city officials establish viable alternatives and locations for youth of the community to gather and socialize. Quinn made a motion to approve the MINUTES: MAY 18, 1992: minutes of May 18, 1992 as submitted. The motion was seconded by Fleming. All members voted aye. Motion carried. Kendall made a motion to deny an $83.99 shipping charge on CLAIMS: page 6 of the claims docket for computer equipment sent by overnight UPS. Kendall asked Communications Director Jerry Lowe to verify, for the record, that special shipping instructions were not requested by the City. Lowe so verified. The motion was seconded by Quinn. Discussion concerning the amendment ensued. Call for the question. Four members voted aye. Fleming, Story and Snyder voted nay. Kendall made a motion to approve the claims as amended, 5/13/92 in the amount of $336,156.60, 5/21/92 in the amount of $390,133.30, and 5/26/92 in the amount of $394.35. The motion was seconded by Painchaud. All members voted aye. Motion carried. 1 Kendall RECOGNITION OF CITIZENS WHO WISH TO SPEAK TO THE COUNCIL: made a motion to suspend the rules to allow citizens who wish to speak to the Council, to speak before the agenda category of "old business". The motion was seconded by Snyder. All members voted aye. Motion carried. The following residents expressed their opposition to Ordinance D- 799 and asked the Council to consider the hardship imposed on restaurateurs by the proposed ordinance: -Jim Bagnoli, representing the Carmel Clay Chamber of Commerce. -Doug Kemp, Carmel resident and manager of Dooley O'Toole's. -John Livengood, representing the Restaurant & Hospitality Association of Indiana. -Dan Daugherty, Carmel resident. -Jim Steckley, representing Steckley's Olde House. -Jim Mahnke, representing Yorkshire Rose Pub & Deli. -Nancy Blondin, representing the Carmel Clay Chamber of Commerce. The following resident spoke in favor of Ordinance D-799 and appealed to the Council to vote in favor of the ordinance: Jonathon Evans, Carmel resident. OLD BUSINESS: SECOND READING: ORDINANCE D-799 / AN ORDINANCE ESTABLISHING NO Discussion of Ordinance SMOKING AREAS IN CARMEL RESTAURANTS: ensued among Council members. Story stated he believed Ordinance D-799 was poorly written. Story asked the public to be aware ordinances were routinely modified by the current Council after several readings. Story stated the ordinance was drawn in response to complaints from constituents regarding lack of no-smoking accommodations in several Carmel restaurants. Story stated he appreciated all the public input. Story made a motion to withdraw Ordinance D-799 because of a proposed resolution which would be introduced by Councilman Kendall later in the meeting. The motion was seconded by Kendall. All members voted aye. Motion carried. NEW BUSINESS: RESOLUTION CC-6-1-92-2 / A RESOLUTION TO ENCOURAGE NON-SMOKING Kendall made a motion AREAS IN ALL RESTAURANTS IN CARMEL, INDIANA: to suspend the rules and allow the introduction of Resolution CC-6-1-92-2. The motion was seconded by Potasnik. All members voted aye. Motion carried. Kendall read Resolution CC-6-1-92-2. Discussion of the resolution occurred among Council members. Kendall made a motion to introduce Resolution CC-6-1-92-2. The 2 motion was seconded by Painchaud. All members voted aye. Motion carried. Further discussion occurred among Council members regarding the resolution. Painchaud made a motion to postpone further discussion of Resolution CC-6-1-92-2 until the next Council meeting. The motion was seconded by Snyder. All members voted aye. Motion carried. Mayor Johnson called for a five minute recess. RECESS: PUBLIC HEARING: ORDINANCE C-164 / ANNEXATION REQUEST FOR COMMON ADDRESS Quinn made a motion to introduce Ordinance 4201 E. 131ST STREET: C-164 and to dispense with the reading. The motion was seconded by Potasnik. Johnson stated Ordinance C-164 was a petition for annexation for the island area with the common address of 4201 E. 131st Street. Discussion ensued among Council members regarding the ordinance. Johnson opened the hearing to the public. Hearing no request to speak, Johnson closed the public hearing. Painchaud made a motion to suspend the rules and act on Ordinance C-164. The motion was seconded by Potasnik. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. ORDINANCES D-777, D-778, D-779, D-780, D-781, D-782, D-783, D-784, D-785, D-786, D-787, D-788, D-789, D-790, D-791, D-792, D-793, D-794, D-795, D-796, D-797 AND D-798: / REQUEST FOR ADDITIONAL APPROPRIATIONS MISCELLANEOUS FUNDS: Quinn made a motion to introduce Ordinances D-777 through D-798 and dispense with the reading. The motion was seconded by Kendall. Potasnik stated most of the proposed requests for additional appropriations were advertised in May of 1991 and budgeted in 1991, but were not encumbered into 1992. Mayor Johnson, Fire Chief Couts and Communications Director Lowe explained each of the Ordinances. Ordinance D-781 was reduced by $6,100 for a training mannequin due to Dr. Story's recommendation that the mannequin would provide little help in the training process. Ordinance D-787 was withdrawn by Johnson due to Kendall's concern that the purchase of the equipment was made prior to the request for the additional appropriation. Johnson opened the hearing to the public. Hearing no request to speak, Johnson closed the public hearing and opened discussion to the Council. Quinn made a motion to suspend the rules and act on Ordinances D-777 through D-786 and Ordinances D-788 through D-798. The motion was seconded by Painchaud. All members voted aye. Motion carried. 3 Story made a motion to amend Ordinance D-781 to change the total appropriated dollars to $34,774.75 indicating, for the record, the $6,100 exclusion was for the training mannequin. The motion was seconded by Snyder. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. NEW BUSINESS: ORDINANCE D-800 / AN ORDINANCE ESTABLISHING CITY COUNCIL TERM Quinn made a motion to introduce Ordinance D-800 an LIMITATION: ordinance limiting terms for the City Council and to dispense with the reading. The motion was seconded by Kendall. Quinn explained the ordinance. Discussion of Ordinance D-800 ensued among Council members. City Attorney Steve Brown, stated research indicated the action would be legal, but could be challenged through constitutional argument, since the State had never taken action in this regard. Further discussion was withheld until the second reading. ORDINANCE D-801 / AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 7, SECTION 8-91, OF THE CARMEL CITY CODE REGARDING TRAFFIC VIOLATION Potasnik made a motion to introduce Ordinance D-801 an PENALTIES: ordinance amending City code regarding traffic violation penalties. The motion was seconded by Kendall. Potasnik stated the ordinance was the result of a discussion with Judge Hughes who requested City traffic penalties reflect the same penalties as State statute violations. Potasnik stated increasing the City violation charges would encourage officers to write tickets for violations against City code rather than State code allowing the City to keep the violation fines locally rather than splitting fines with the County and State when the violations were written against a State code. Further discussion was withheld until the second reading. RESOLUTION CC-6-1-92-1 A RESOLUTION REQUESTING AN AMENDMENT TO THE SIGN ORDINANCE REGARDING POLITICAL SIGNS IN RESIDENTIAL AREAS: Kendall made a motion to introduce Resolution CC-6-1-92-1 a resolution requesting an amendment to the sign ordinance regarding political signs in residential areas. Kendall read the ordinance. Council members engaged in discussion of the ordinance. Quinn stated the amendment would probably be able to be handled by the Plan Commission quickly because the sign ordinance was already badly fouled-up. Johnson stated he believed Quinn's statement was not true and every effort had been made to enforce the ordinance. Johnson stated the Plan Commission had many more important things to do regarding zoning laws and the Council's addition of the less important things to the Plan Commission's agenda would continue to delay their efforts to accomplish more critical matters before the Plan Commission. Kendall made a motion to amend Resolution CC-6-1- 92-1 to change Section 5 to read: To be incorporated in the next sign ordinance amendment to the Council. The motion was seconded 4 by Story. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. ORDINANCE D-802 / AN ORDINANCE AMENDING CITY CODE REGARDING THE Story made a motion to introduce CITY COUNCIL AGENDA ORDER: Ordinance D-802 an ordinance amending City code regarding agenda order. Story requested an addition of a category between "Claims" and "Old Business" entitled "Committee Reports". Story made a motion to suspend the rules and act on Ordinance D-802. The motion was seconded by Snyder. All members voted aye. Motion carried. Call for the question. All members voted aye. Motion carried. OTHER BUSINESS: Story stated the FINAL REPORT / CIVIC SQUARE CENTRE TASK FORCE: final report of the Civic Square Centre Task Force II would be presented at the next meeting of the City Council. Johnson asked for Council direction CARMEL DOWNTOWN PARK: concerning the Carmel Downtown Park. The Council discussed the issue in great detail. Kendall made a motion to suspend the rules and allow Mr. Andich to speak to the Council. Business owner Marshall Andich, appealed to the Council to consider converting the Downtown Park to a parking lot. Further discussion of the Downtown Park issue occurred among Council members and Andich. Johnson stated he repeatedly advised the downtown merchants the program would not move forward without a plan. Johnson stated that some of the merchants indicated they were "planned out". Johnson stated he advised the merchants the City would not move forward until the merchants and residents would develop common ground, have 100% participation and agree on a common goal. Johnson stated the loss of the Ball State study eliminated the project as a priority item for the City because future attempts to develop a plan would cost the City a lot more money. Through consensus of the Council, Johnson was directed to develop a task force to study the issue of downtown development improvements. REQUEST FOR A PUBLIC HEARING FOR AN ADDITIONAL APPROPRIATION FOR Johnson THE MVH FUND / STREET DEPARTMENT BUDGET/ STREET PAVING: requested permission to advertise for an additional appropriation for $250,000 for the MVH Fund street paving. Quinn so moved. The motion was seconded by Kendall. All members voted aye. Motion carried. ANNOUNCEMENTS: Kendall asked the Press Secretary to address COUNCIL NEWSLETTER: the Council at the next meeting regarding the possibility of a 5 Council newsletter since monies were appropriated into the Council budget to allow for such a newsletter. Fleming stated half of the contaminated soil CONTAMINATED SOIL: had been removed from the Communications Center site with the remainder to be removed Tuesday, June 2nd. Jones stated the budget packets would probably be BUDGET PACKETS: ready by June 15th and would be hand-delivered to the Council members homes as soon as they were ready. Jones stated the tax penalties assessed by the IRS TAX PENALTIES: IRS were reversed and, in fact, the IRS owed a refund to the City of Carmel. Jones stated the refund monies would be held to cover a 1989 IRS audit that was just beginning. There being no further business before the Council or ADJOURNMENT: requests from the public to speak, the meeting was duly adjourned. Respectfully submitted, _______________________________ Susan W. Jones, Clerk-Treasurer _______________________________ ATTEST: T.E. Johnson, Presiding Officer _______________________________ Susan W. Jones, Clerk-Treasurer _______________________________ ATTEST: T.E. Johnson, Mayor _______________________________ Susan W. Jones, Clerk-Treasurer 6